ADMINISTRATION OF ESTATES ACT
(e)
(f)
(g)
(h)
(i)
(j)
Chapter 6:01
person’s death, together with all the household goods in that
house; and
(ii) a share in the remainder of the net estate determined in
accordance with the Deceased Estates Succession Act
[Chapter 6:02];
where the deceased person was a woman whose husband at
the time of her death had more than one wife, and she is
survived by her husband and had one or more children ⎯
(i) one-third of her net estate should devolve upon her
husband; and
(ii) the remainder of her estate should devolve upon⎯
A. her child; or
B. her children in equal shares;
as the case may be, and any of their descendants per
stirpes;
where the deceased person is not survived by a spouse or child,
the net estate should devolve upon his surviving parents,
brothers and sisters, if any, in equal shares;
where the deceased person is survived by one spouse but no
children⎯
(i) the surviving spouse should get⎯
A. ownership of or, if that is impracticable, a usufruct over,
the house in which the spouse lived at the time of deceased
person’s death, together with all the household goods in
that house; and
B. half the remainder of the net estate;
(ii) the balance of the net estate should devolve upon the
deceased person’s surviving parents, brothers and sisters, if
any, in equal shares;
where the deceased person is not survived by a spouse and had
one or more children, the net estate should devolve upon⎯
(i) that child; or
(ii) those children, in equal shares;
as the case may be, and any of their descendants per stirpes;
so far as possible, the net estate should be applied to meeting
the basic needs of beneficiaries who have no other means of
support;
subject to paragraphs (a) to (i), the net estate should devolve
according to customary law.
68G Determination of whether customary law applied to
deceased person
(1) Section 3 of the Customary Law and Local Courts Act [Chapter
7:05] shall apply in determining the question whether or not
customary law applied to a deceased person for the purposes of this
Part:
Provided that it shall be presumed, unless the contrary is shown,
that⎯
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